Migration Laws Amendment Act 1993
No. 59 of 1993
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENT OF THE MIGRATION REFORM ACT 1992
Division 1—Principal Act
3. Principal Act
Division 2—Deferral of the commencement date of certain provisions of the
Principal Act from 1 November 1993 to 1 September 1994
4. Object of Division
5. Commencement
6. Transitional—refugee applications
7. Transitional—application
8. Repeal of section 41
Division 3—Technical corrections
9. Object of Division
10. Commencement
11. Interpretation
TABLE OF PROVISIONS—continued
Section
PART 3—AMENDMENT OF THE MIGRATION ACT 1958
Division 1—Principal Act
12. Principal Act
Division 2—Amendments consequential on the deferral of the commencement date of certain provisions of the Migration Reform Act 1992 from 1 November 1993 to 1 September 1994
13. Object of Division
14. Interpretation
15. Lawful non-citizens
16. Unlawful non-citizens
17. Application of Subdivision
18. Interpretation
19. Powers of entry and search
20. Decisions reviewable by Refugee Review Tribunal
Division 3—Technical corrections
21. Object of Division
22. Interpretation
23. Period of grace
24. Heading to Subdivision AA of Division 2 of Part 2
25. Minister may substitute more favourable decision
26. Minister may substitute more favourable decision
Division 4—Amendments to up-date a cross-reference to the regulations
27. Object of Division
28. Decisions reviewable by Refugee Review Tribunal
Division 5—Amendments to allow the Refugee Review Tribunal to deal with the backlog of review applications
29. Object of Division
30. Insertion of new section:
166BAA. Refugee Review Tribunal to deal with the backlog of review applications
Division 6—Amendments relating to pre-commencement decisions made by members of the Refugee Review Tribunal in their capacity as delegates of the Minister
31. Object of Division
32. Insertion of new section:
166BG. Certain decisions made by members of the Tribunal in their capacity as delegates of the Minister to be treated as decisions of the Tribunal for certain purposes
Division 7—Amendments relating to custody of certain non-citizens
33. Object of Division
34. Interpretation
35. Designated persons to be in custody
TABLE OF PROVISIONS—continued
Section
PART 4—AMENDMENT OF THE MIGRATION (DELAYED VISA APPLICATIONS) TAX ACT 1992
36. Principal Act
37. Object of Part
38. Commencement
PART 5—AMENDMENT OF THE MIGRATION (OFFENCES AND UNDESIRABLE PERSONS) AMENDMENT ACT 1992
39. Principal Act
40. Object of Part
41. Commencement
Migration Laws Amendment Act 1993
No. 59 of 1993
An Act to amend the law relating to migration
[Assented to 28 October 1993]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Migration Laws Amendment Act 1993.
Commencement
2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) The following provisions commence on 1 September 1994:
(a) sections 6 to 8 (inclusive);
(b) section 11;
(c) sections 14 to 17 (inclusive);
(d) section 19.
(3) The following provisions are taken to have commenced on 1 July 1993:
(a) sections 9…
Overview
The Migration Laws Amendment Act 1993, enacted by the Parliament of Australia and assented to on 28 October 1993, was introduced to amend the law relating to migration by addressing certain gaps and problems identified in the existing legislative framework. The Act makes amendments to various pieces of legislation, including the Migration Reform Act 1992, the Migration Act 1958, the Migration (Delayed Visa Applications) Tax Act 1992, and the Migration (Offences and Undesirable Persons) Amendment Act 1992. Among the key objectives of the Act are the deferral of the commencement date of certain provisions, technical corrections, updates to cross-references, and addressing the backlog of review applications by the Refugee Review Tribunal. The policy objective, as outlined in the Minister's second reading speech, was to ensure a more efficient and effective migration legislative framework that caters to contemporary challenges and requirements.
Scope and Application
The Migration Laws Amendment Act 1993 amends several pieces of legislation, including the Migration Reform Act 1992, the Migration Act 1958, the Migration (Delayed Visa Applications) Tax Act 1992, and the Migration (Offences and Undesirable Persons) Amendment Act 1992. The Act applies to all non-citizens, including lawful and unlawful non-citizens, and to decisions made by the Refugee Review Tribunal. The Act also applies to the Minister for Immigration, Multicultural and Indigenous Affairs and their delegate, as well as to the Attorney-General and any delegate. The Act has a national jurisdictional reach, applying to the entire Commonwealth of Australia, including Australian resource installations and Australian sea installations, but it does not apply to sea within the limits of a State or Territory but not in a port. Certain provisions of the Act were deferred from 1 November 1993 to 1 September 1994. The Act extends its application through subordinate instruments, such as regulations and guidelines, which may provide further detail or clarification on the operation of the Act. There are no stated exclusions or exemptions in the Act, but certain decisions made by members of the Refugee Review Tribunal in their capacity as delegates of the Minister are treated as if they were decisions of the Tribunal for certain purposes.
Key Provisions
- The Migration Laws Amendment Act 1993 (Cth) makes amendments to several pieces of Australian migration legislation, including the Migration Reform Act 1992, the Migration Act 1958, the Migration (Delayed Visa Applications) Tax Act 1992, and the Migration (Offences and Undesirable Persons) Amendment Act 1992. The main operative sections of the Act defer the commencement date of certain provisions from 1 November 1993 to 1 September 1994 and make various technical corrections and updates to the referenced Acts.
- The Act imposes obligations on the parties and entities it governs by deferring the commencement date of certain provisions, ensuring that the amended provisions are implemented in a timely and coordinated manner. Additionally, it updates definitions and cross-references to ensure consistency and accuracy across the various pieces of legislation. The Act also imposes specific obligations on the Refugee Review Tribunal, such as dealing with the backlog of review applications and treating certain decisions made by members of the Tribunal in their capacity as delegates of the Minister as decisions of the Tribunal for certain purposes.
- There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of the provisions within the Act itself. However, breaches of the amended provisions in the referenced Acts may result in penalties or consequences as outlined in those respective Acts. For example, the Migration Act 1958 includes provisions for penalties for non-compliance with visa conditions, unauthorised work, and other migration-related offences. The penalties for these offences may include fines, imprisonment, or both, depending on the severity of the breach. Similarly, the Migration (Offences and Undesirable Persons) Amendment Act 1992 includes provisions for penalties related to the commission of offences under the Act, such as forgery, fraud, and other related offences. Penalties for these offences may also include fines, imprisonment, or both.
- Area of Law
- Immigration & Refugee Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Transitional Provisions
- Interpretation
- Reporting & Disclosure Obligations
- Regulatory Standards